How does examination work for international design applications designating the United States?

The examination process for international design applications designating the United States involves several steps:

1. Receipt and Examination: The USPTO examines international design applications based on the published international registration received from the International Bureau.
2. Substantive Examination: As stated in the MPEP, “Pursuant to 35 U.S.C. 389, the USPTO will examine international design applications designating the United States based on the published international registration received from the International Bureau.”
3. Notification of Refusal: “Where it appears that the applicant is not entitled to a patent under the law of the United States with respect to any industrial design that is the subject of the international registration, the Office will send a notification of refusal to the International Bureau, normally within 12 months from the publication of the international registration.”
4. Applicant Response: “The applicant may reply to such notification directly to the USPTO.”
5. Further Office Actions: “Any further Office action, such as a subsequent non-final rejection, a final rejection, or an allowance, will be sent directly to the applicant.”

This process ensures that international design applications designating the United States are subject to substantive examination under U.S. law while maintaining the benefits of the Hague Agreement system.

To learn more:

• Hague Agreement
• International Design Application
• USPTO Examination
• Design Patent